gross negligence

• define gross negligence

  A lack of care for the breached duty in which results in the death of the victim
• what case set out the 6 stages of gross negligence?

  R v Broughton
• what is the duty of care for a relationship AND voluntary?

  Stone v Dobinson
• what is the duty of care for an official position?

  R v Dytham
• what is the duty of care for statutory work?

  The road traffic act
• what is the duty of care for a chain of events?

  miller
• what is the duty of care for a contractual duty?

  pittwood
• What is the case for a duty of care being established?

  Donoghue
• What is the definition of a breach of duty?

  Something a reasonable person wouldn't do (Blythe)
• What does the serious risk of death entail?

  It must not be a mere injury, it has to end in death (Broughton)
• What is the obvious risk of death?

  The risk was easy an clear to see (Misra)
• What does it mean for the risk to be foreseeable by the defendant?

  D doesn't need to foresee the risk but it must be what a reasonable person could foresee
• The unbroken chain of causation is needed for gross negligence
• What does the act need to be for it to be gross negligence?

  Truly and exceptionally bad (Adomako) and a disregard to V's safety and life (Bateman)
• What is the sentencing for it?

  Up to a life sentence